10
Compulsory purchase of ancient monument
Act: Ancient Monuments Preservation Act 1904
Section Provisions
THE ANCIENT MONUMENTS PRESERVATION ACT, THE ANCIENT MONUMENTS PRESERVATION ACT, 1904. ACT No. VII of 1904 [18th March, 1904] An Act to provide for the preservation of Ancient Monuments and objects of archaeological, historical or artistic interest. WHEREAS it is expedient to provide for the preservation of ancient monuments, for the exercise of control over traffic in antiquities and over excavation in certain places, and for the pro tection and acquisition in certain cases of ancient monuments and of objects of archaeological, historical or artistic interest ANCIENT MONUMENTS 10. Compulsory purchase of ancient monument.----‑(1) If the (Subs. by A. O., 1937, for "L. G.".)[Central Government] apprehends that a protected monument is in danger of being destroyed, injured or allowed to fall into decay (Subs. ibid., for "the L. G. may proceed to acquire it".)[the Central Government may direct the Provincial Government to acquire it] under the provisions of the Land Acquisition Act, 1894, as if the preservation of a protected monument were a "public purpose" within the mean ing of that Act. (2) The powers of compulsory purchase conferred by sub section (1) shall not be exercised in the case of‑ (a) any monument which or any part of which is periodi cally used for religious observances ; or (b) any monument which is the subject of a subsisting agreement executed under section 5. (3) In any case other than the cases referred to in sub section (2) the said powers of compulsory purchase shall not be exercised unless the owner or other person competent to enter into an agreement under section 5 has failed, within such reason able period as the Collector may fix in this behalf, to enter into an agreement proposed to him under the said section or has termin ated or given notice of his intention to terminate such an agreement.